Jones v. Pantry, Inc.

District Court of Appeal of Florida

Jones v. Pantry, Inc.

866 So. 2d 733, 2004 Fla. App. LEXIS 884, 2004 WL 137217

CourtDistrict Court of Appeal of Florida

DecidedJanuary 23, 2004

DocketNo. 1D03-3556

StatusPublished

This text of 866 So. 2d 733 (Jones v. Pantry, Inc.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jones v. Pantry, Inc., 866 So. 2d 733, 2004 Fla. App. LEXIS 884, 2004 WL 137217 (Fla. Ct. App. 2004).

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Opinion

PER CURIAM.

By the filing of a notice of appeal, petitioner seeks review of the circuit court’s orders denying his motion for emergency stay and his motion for reconsideration. In the motions, petitioner sought to stay a county court decision pending appeal in the circuit court. We find that the orders are renewable by petition for writ of cer-tiorari rather than by appeal.

Although petitioner attempts to raise claims regarding the county court’s decision, the only orders before this court for review are the circuit court’s interlocutory orders denying petitioner’s motions. Because a motion for reconsideration does not toll the time for filing a certiorari petition directed to an interlocutory order, see Department of Highway Safety and Motor Vehicles v. Bond, 696 So.2d 949 (Fla. 5th DCA 1997), we dismiss the petition for lack of jurisdiction. We also deny petitioner’s request for disqualification of the judges from the Eighth Judicial Circuit.

BOOTH, KAHN and PADOVANO, JJ., concur.

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PER CURIAM.

By the filing of a notice of appeal, petitioner seeks review of the circuit court’s orders denying his motion for emergency stay and his motion for reconsideration. In the motions, petitioner sought to stay a county court decision pending appeal in the circuit court. We find that the orders are renewable by petition for writ of cer-tiorari rather than by appeal.

Although petitioner attempts to raise claims regarding the county court’s decision, the only orders before this court for review are the circuit court’s interlocutory orders denying petitioner’s motions. Because a motion for reconsideration does not toll the time for filing a certiorari petition directed to an interlocutory order, see Department of Highway Safety and Motor Vehicles v. Bond, 696 So.2d 949 (Fla. 5th DCA 1997), we dismiss the petition for lack of jurisdiction. We also deny petitioner’s request for disqualification of the judges from the Eighth Judicial Circuit.

BOOTH, KAHN and PADOVANO, JJ., concur.

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Bluebook (online)

866 So. 2d 733, 2004 Fla. App. LEXIS 884, 2004 WL 137217, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-pantry-inc-fladistctapp-2004.

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